Johnson v. Commonwealth

Opinion of the Court by

Turner, Commissioner

Affirming.

In February, 1924, appellant was convicted of hav ing unlawful possession of intoxicating liquors, and sat*595isfiecl the sentence imposed. At the September term, 1924, of the Clark circuit court he was charged in an indictment with the unlawful sale of intoxicating liquors, and that indictment further charged that the latter offense was a second violation of the provisions of chapter 33 of the Acts of 1922, and set up the former conviction.

On his trial under this indictment he was convicted of a felony under the habitual criminal provisions in…